Masi v. Taglianetti

Appellate Division of the Supreme Court of New York

Masi v. Taglianetti

283 A.D. 820, 129 N.Y.S.2d 247, 1954 N.Y. App. Div. LEXIS 5422

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 1954

StatusPublished

This text of 283 A.D. 820 (Masi v. Taglianetti) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Masi v. Taglianetti, 283 A.D. 820, 129 N.Y.S.2d 247, 1954 N.Y. App. Div. LEXIS 5422 (N.Y. Ct. App. 1954).

Pincite

Opinion

This action to set aside a certain transaction on the ground of fraud, and for incidental relief, in which defendant Taglianetti interposed four counterclaims, proceeded to inquest after the trial court denied an application made on behalf of defendants for adjournment of the trial. The motion for the order from which defendants appeal is considered by us as an application for a new trial. Order affirmed, with $10 costs and disbursements, unless within twenty days after the entry of the order hereon, appellants file an undertaking for $10,000, with corporate surety, to pay any judgment which may be rendered against them, in which event the order appealed from is reversed, without costs, and appellants’ motion for a new trial is granted, without costs. In the interests of justice, appellants ought to have another opportunity to defend on the merits. Nolan, P. J., Adel, Wenzel, Beldock and Murphy, JJ., concur.

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This action to set aside a certain transaction on the ground of fraud, and for incidental relief, in which defendant Taglianetti interposed four counterclaims, proceeded to inquest after the trial court denied an application made on behalf of defendants for adjournment of the trial. The motion for the order from which defendants appeal is considered by us as an application for a new trial. Order affirmed, with $10 costs and disbursements, unless within twenty days after the entry of the order hereon, appellants file an undertaking for $10,000, with corporate surety, to pay any judgment which may be rendered against them, in which event the order appealed from is reversed, without costs, and appellants’ motion for a new trial is granted, without costs. In the interests of justice, appellants ought to have another opportunity to defend on the merits. Nolan, P. J., Adel, Wenzel, Beldock and Murphy, JJ., concur.

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Bluebook (online)

283 A.D. 820, 129 N.Y.S.2d 247, 1954 N.Y. App. Div. LEXIS 5422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/masi-v-taglianetti-nyappdiv-1954.